terms of service

Effective Date: December 01, 2021

1. Acceptance of Terms; Modification of Terms

Roza Goltser Photography LLC (“Artist”, “we”, “us", or “our”) owns, controls and operates a website primarily consisting of Artist’s creative works, including Artist’s wedding photography collection (collectively, the “Artwork”), Artist’s biographical information and facts about Artist, an overview of Artist’s wedding photography services (the “Artist’s Services”) and an e-commerce shop consisting of the Artwork (the “Artist’s Shop”), at the url https://www.rozagoltser.com (including, without limitation, all subdomains, collectively, the “Website”). These terms of service and all other terms and conditions or documents incorporated by reference herein, including, without limitation, our Privacy Notice (collectively, the “Terms of Service”), constitute a legally binding agreement between you and us with respect to your access and use of the Website.  By visiting our Website and/or purchasing Artwork from the Website you acknowledge that you have read and understand these Terms of Service, and you are deemed to have accepted, executed and be bound by these Terms of Service.

Please read these Terms of Service carefully before accessing, using, or making a purchase through our Website.  Any new features or tools which are added to the Website shall also be subject to the Terms of Service.  You can review the most current version of the Terms of Service at any time at this webpage.  We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes at this webpage.  It is your responsibility to check this webpage periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

IF ANY OF THESE TERMS OF SERVICE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO ACCESS THE WEBSITE.  YOUR CONTINUED ACCESS AND/OR USE OF THE WEBSITE FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF SERVICE SHALL AUTOMATICALLY CONSTITUTE YOUR UNDERSTANDING OF, AND ACCEPTANCE AND AGREEMENT TO, SUCH CHANGE.

2. Website License

Artist hereby grants you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable, right and license to access and use the Website, solely for personal use and as permitted by the services, functionalities and/or features of the Website, subject in all respects to these Terms of Service, and not for redistribution of any kind (the “License”).  This License does not include any resale or commercial use of (i) the Website, (ii) any Artwork, content (e.g., descriptions of Artwork and Artist’s Services), materials, information, text, data, copyrights, images, stories, videos, identifying marks, Website pages, software, and other original works of authorship and/or intellectual property incorporated into the Website by or on behalf of us, and (iii) any trademarks, service marks, logos, designs, and insignia of Artist or any third parties, products and services used or displayed on the Website or in collateral materials thereto (collectively, “Trademarks”) (items (ii) and (iii) collectively, “Website Content”), which Website Content is and shall remain the sole and exclusive property of Artist (or the applicable third party licensor from whom Artist obtained the right to use such Website Content).  You specifically acknowledge and agree that all Trademarks described in item (iii) are registered and unregistered trademarks or service marks of Artist or the applicable third party licensor/owner thereof, and nothing on the Website or in these Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks other than as expressly permitted hereunder, without the prior written permission specific for each such use by Artist or the applicable third party licensor/owner thereof.  For the avoidance of doubt, use of any Trademark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us or the applicable third party licensor/owner thereof in writing.  All goodwill generated from the use of the Trademarks inures to the benefit of the applicable owner thereof.

As between you and us, we retain all right, title and interest in and to the Website, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Website, (iii) all other materials and content incorporated into the Website, including, without limitation, all Website Content and Artwork, and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world, and the coordination, selection, arrangement and enhancement of such associated trade secret rights and other intellectual property and proprietary rights as a “Collective Work” under the United States Copyright Act, as amended (collectively, “Website IP”), and nothing contained herein shall be construed as creating or granting you any right, title or interest in and to such Website IP other than the express license granted therein pursuant to these Terms of Service.  Website IP is protected in all forms, media and technologies now known or hereafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws.

Violation of this License may result in infringement of intellectual property and contractual rights of Artist or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.

3. Artist’s Shop

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Website.  We reserve the right to refuse service to anyone for any reason at any time.

Artwork; Orders

Prices for Artwork are subject to change without notice. Artwork may have limited quantities or may be unavailable and are subject to return or exchange only according to our Delivery/Shipping & Return Policy sections below.

 

We reserve the right to limit quantities on an order and limit sales of Artwork to any person or geographic region. We reserve the right to discontinue, change, refuse, or cancel all or part of an order, at any time. Placing an order does not guarantee that we will accept your order.  Any offer for any Artwork made on this

 

Website is void where prohibited.

 

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Artwork.

 

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account (an “Account”), the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

Individual computer monitors may display colors differently and as such, we are not responsible for the color accuracy of the Artwork displayed on the Website. We do not warrant that descriptions, information, content, or any other materials on the Website are accurate, reliable, current, or error free.  We do not warrant and cannot guarantee that any Artwork purchased, Artist’s Services obtained by you or inquired about by you, or other information obtained by you will meet your expectations, or that any errors or inaccuracies on the Website will be corrected.  If you are unsatisfied with your order or your order is not as described, your sole remedy is to return it in accordance with our Return Policy below.

Billing and Account Information

Prices listed on the Website are in US Dollars and do not include shipping charges or additional sales tax, if any.  Any additional fees will be added to your total purchase price at check out.

You may check out with a registered account or as a guest.  You agree to supply accurate payment information and acknowledge that relevant payment information, including, but not limited to credit card number, billing address, and shipping address will be provided to us and any third party involved in payment processing.  By placing an order, you authorize us to bill your credit card for the total amount due at check out.  YOU REPRESENT AND WARRANT THAT HAVE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO PURCHASE ANY WORKS.

Delivery/Shipping

Shipping costs may vary with the destination and size of the Artwork. Shipping and handling costs will be calculated at check out. We reserve the right to select a shipping service and change it when appropriate. Please note that delivery time is calculated from the time the order is shipped and not from the time you place the order. You acknowledge that shipping could be disrupted or delayed due to Covid-19 measures or other problems.

Return Policy

Since tangible Artwork purchased by you (“Physical Artwork”) is printed on order, all purchases of Physical Artwork are considered final.  In the case where a piece of Physical Artwork suffers from defective workmanship or damaged during shipment, you may be eligible for replacement of such Physical Artwork or applicable store credit if you send proof of such defect or damage in the form of photographs emailed to hello@rozagoltser.com within 72 hours of receiving your purchase with the applicable order number in the subject line. You are responsible for the costs associated with your return of Physical Artwork, including but not limited to, packaging and shipping costs. Your return must include the Physical Artwork and the original packaging in which the Physical Artwork was shipped to you. All purchases of non-tangible works delivered to you in digital format (“Digital Artwork”) are considered final. Returns of Digital Artwork are not permitted under any circumstance.

4. Third Party Communications and Third Party Content

The Website may include embedded third party content and links (such as hyperlinks) to third party websites, products and services that are not owned or controlled by Artist (collectively, “Third Party Content”).  Artist does not control any such Third Party Content and is not responsible for (i) the availability or accuracy of any such Third Party Content or (ii) any content, advertising, or products or services displayed or sold on or through such Third Party Content (as applicable).  Inclusion of any Third Party Content on the Website does not constitute or indicate Artist’s endorsement thereof and Artist shall not be liable or responsible for any Third Party Content transmitted on or through the Website.  You shall be subject to any additional terms and conditions of use, guidelines, rules, privacy policies, and other practices applicable to any Third Party Content that you access or use through the Website (collectively, “Third Party Terms”).  All such Third Party Terms are hereby incorporated by reference into these Terms of Service.  You acknowledge and agree that we will not and cannot censor or edit any Third Party Content and that you shall assume the sole responsibility for, and risk associated with your use and/or access of, or interaction with, Third Party Content, including compliance with any applicable Third Party Terms associated therewith.  Accordingly, Artist encourages you to be aware when you leave the Website and to read the Third Party Terms associated with any such Third Party Content.

 

By using the Website, you expressly relieve and hold Artist harmless from any and all liability arising from your use of any Third Party Content, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third Party Content on the Website or the failure of such Third Party Content to function as intended.  It is your responsibility to evaluate the content and usefulness of the information obtained from third parties. 

5. Prohibited Conduct; Limitations on Website Use; Unlawful Activity

The Website and Website Content may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the tools, products, services, functionalities and/or features of the Website, or without the express prior written consent of Artist and/or the applicable third-party owner thereof, in each instance.

Without limiting the foregoing, while accessing the Website, you may not conduct any of the following activities:

     *Use information learned from the Website to otherwise defame, abuse, harass, stalk, threaten, bully, intimidate or mislead, or otherwise violate the legal rights of Artist or its employees outside of the Website.

     *Submit any text, information, or content through the inquiry form on the Website to abuse, harass, stalk, threaten, bully or otherwise intimidate Artist or its employees.

     *Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof.

    *Modify, adapt, translate or create derivative works based upon the Website or any part thereof.

     *Use a robot, spider, manual and/or automatic processes, or devices to data-mine, data-crawl, scrape or index the Website in any manner.

    *Adapt, alter, license, sublicense or translate the Website for your own personal or commercial use.

     *Interfere with or damage operation of the Website by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

     *Use the Website for any purpose in violation of applicable local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

     *Use the Website in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Artist’s trade secret information for public disclosure or other purposes.

     *Use, transfer, distribute or dispose of Website IP in any manner that could compete with the business of Artist.

     *Cause or induce any third party to engage in the restricted activities above.

The License granted to you in these Terms of Service terminates automatically upon any unauthorized use of the Website and Artist will take appropriate investigative and legal action for any illegal or unauthorized use of the Website.  You acknowledge that violation of any of the above restrictions may subject you to third party claims and none of the rights granted to you in these Terms of Service may be raised as a defense against any third party claims arising from any such violation.

6. Termination of Website Access

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our Website.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

7. Representations and Warranties

You represent and warrant that: (i) you have the right, authority and capacity to enter into, and to be bound by, these Terms of Service and to abide by the terms and conditions of these Terms of Service, and that you will so abide.

The Website is available only to persons (i) who are eighteen (18) years or older (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence) or (ii) thirteen (13) to seventeen (17) years of age (or any greater age that would still be under the age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence) who access and use the Website with parental/legal guardian permission.  BY ACCESSING AND USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE (I) AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE) AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THESE TERMS OF SERVICE, OR (II) AT LEAST THIRTEEN (13) YEARS OLD AND HAVE PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN PRIOR TO ACCESSING AND USING THE WEBSITE, AND YOUR PARENT OR GUARDIAN AGREES TO THESE TERMS OF SERVICE.

8. Disclaimer of Warranties

YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.  THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  ARTIST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTESS, COMPLETENESS OR RELIABILITY OF ANY WEBSITE CONTENT PROVIDED THROUGH THE WEBSITE OR THIRD-PARTY CONTENT LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF WEBSITE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. 

WITHOUT LIMITING THE FOREGOING, NEITHER ARTIST NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY WEBSITE CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE.  NEITHER ARTIST NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.  ARTIST AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED.

9. Limitations of Liability; Class Action Waiver

YOU ACKNOWLEDGE AND AGREE THAT ARTIST IS ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES.  THEREFORE, YOU AGREE NOT TO HOLD ARTIST, ITS LICENSORS, CLIENTS, VENDORS OR OTHER CONTRACTING PARTIES OR ANY OF SUCH PARTIES’ RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, VENDORS, THIRD-PARTY LICENSORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “ARTIST PARTIES”) LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED BY ANY ARTIST PARTY.

ALTHOUGH THE WEBSITE, ANY WEBSITE CONTENT CONTAINED THEREIN (E.G., DESCRIPTIONS OF ARTWORK AND ARTIST’S SERVICES), AND OTHER COLLATERAL MATERIALS PROVIDED BY ARTIST IN CONNECTION WITH ITS ARTWORK AND SERVICES CAN BE USED AS AIDS TO MAKE INFORMED DECISIONS, YOU ACKNOWLEDGE THAT THE WEBSITE, THE WEBSITE CONTENT CONTAINED THEREIN, AND ALL OTHER SUCH MATERIALS ARE SOLELY EDUCATIONAL AND INFORMATIONAL IN NATURE AND ARE NOT MEANT TO BE SUBSTITUTES FOR LEGAL OR BUSINESS ADVICE OR EXERCISE OF YOUR OWN JUDGMENT.  ANY SUCH DECISIONS OR JUDGMENTS ARE MADE AT YOUR SOLE DISCRETION AND ELECTION.

UNDER NO CIRCUMSTANCES WILL ANY ARTIST PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY ARTIST PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

YOU AND ARTIST AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR ARTIST WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR ARTIST ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.  YOU AND ARTIST FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, ARTIST, AND ALL PARTIES TO ANY SUCH PROCEEDING.

10. Indemnification

You hereby agree to indemnify, defend and hold harmless, the Artist Parties, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third party based on: (i) your use of, or inability to use, the Website; (ii) any breach of any representation, warranty, covenant or obligation of yours under these Terms of Service; (iii) your violation of any applicable law or regulation; or (iv) your violation of any third-party right, including, but not limited to, any intellectual property right.  Artist shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Artist’s request.  Artist reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Artist.

11. Website Access Requirements; Updates and Maintenance

It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility, including a compatible web browser and internet or wireless network connection.  Your use of the Website may vary in functionality, availability and quality depending on the type of the device and the operating system that you use, and Artist accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software).

It is your responsibility to pay for all costs and expenses that you may incur while using the Website (including, but not limited to, all telephone call or line charges or Internet data service access charges).

Your access to the Website may be interfered with by numerous factors outside of Artist’s control including, but not limited to, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment or software defects.  Artist is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Website.

Artist may in the future update the Website for repair or maintenance purposes or to change any tools, services, functionalities, or features thereof (an “Update”).  Artist shall not be liable to you in any way as a result of any temporary or permanent suspension of the Website or any tools, services, functionalities, or features thereof arising from or in connection with an Update.  Furthermore, Artist is under no obligation to undergo an Update of the Website to the extent any Website Content and/or other tool, service, functionality, or feature thereof is out of date.  The terms of the License granted to you hereunder shall apply in full to any Update.  Following an Update, you may not be able to use the Website until you have downloaded the latest version and accepted any new terms.

12. Privacy

Your privacy is very important to us. To understand our practices, please review our Privacy Notice , which is incorporated by reference into these Terms of Service and also governs your use of the Website. 

13. Governing Law and Jurisdiction; Disputes

These Terms of Service are governed by and construed in accordance with the internal laws of the State of New York, without reference to principles of conflicts of laws, and any action arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in Kings County, New York and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts for the purpose of litigating any such action.

You agree that regardless of any applicable statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever and fully barred.

14. Assignments

Artist may freely assign, sub-contract and/or otherwise transfer any or all of its rights and/or obligations under these Terms of Service to any company, firm or person. You may not transfer your rights or obligations under these Terms of Service to anyone else.

15. Waiver and Severability of Terms; Entire Agreement

Failure by Artist to enforce any provision(s) of these Terms of Service will not be construed as a waiver of any provision or right. If any provision of these Terms of Service is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. These Terms of Service incorporate by reference any notices contained on the Website and the Privacy Notice and constitute the entire agreement with respect to access to and use of the Website and Website Content.

15. Waiver and Severability of Terms; Entire Agreement

Failure by Artist to enforce any provision(s) of these Terms of Service will not be construed as a waiver of any provision or right. If any provision of these Terms of Service is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. These Terms of Service incorporate by reference any notices contained on the Website and the Privacy Notice and constitute the entire agreement with respect to access to and use of the Website and Website Content.

16. Contact

General questions or comments about the Website or these Terms of Use should be sent to hello@rozagoltser.com.